1. Generally.
These Terms and Conditions govern your membership in any of Survey Sampling International LLC’s (“SSI”) panels, including without limitation the SurveySpot Research Panel (“SurveySpot”), the OpinionWorld Research Panel (“OpinionWorld”), any sub-panel(s) of SurveySpot and/or OpinionWorld, and/or any other panel(s) created, maintained and/or operated by SSI and/or its affiliates, subsidiaries and/or divisions (collectively referred to herein as “SSI”).
2. Use of Site.
Access to, and use of, an SSI panel’s website (each a “Website” and collectively the “Websites”) is subject to these Terms and Conditions, and is limited to your personal, non-commercial use. Any use of a Website or Websites in violation of these Terms and Conditions is strictly prohibited. Participation in surveys is always optional and voluntary. You may terminate your panel membership at any time; see Section 7 of these Terms and Conditions. Panel membership, and/or participation in a survey(s) offered, provided, hosted or administered by SSI, within the United States, is open to individuals who are eighteen (18) years of age or older and to minors between the ages of thirteen (13) and seventeen (17) who have obtained permission or consent from their parent or guardian. Panel membership, and/or participation in a survey(s) offered, provided, hosted or administered by SSI, outside of the United States, is open to individuals who are fourteen (14) years of age or older.
IF YOU DO NOT QUALIFY, PLEASE DO NOT ATTEMPT TO REGISTER AS A PANEL MEMBER OR TO PARTICIPATE IN ANY SURVEY(S).
SSI reserves the right to refuse to offer or provide panel membership or other services to anyone, at anytime, in its sole discretion.
3. Application and Passwords.
You may access a Website as a visitor and such access will not require you to provide any personal information (“Personal Information”). In order to access certain benefits and services offered by or through an SSI Panel or Panels, including without limitation access to surveys, you will be required to register with the applicable Website and to provide certain Personal Information in connection with such registration. As a condition of membership, you are required to truthfully provide all information requested by SSI and you are strictly prohibited from using any aliases or other means to mask or conceal your true identity. If you provide any information to SSI or to an agent or representative of SSI that is untrue, inaccurate, not current, or incomplete, or if SSI or one of SSI’s agents has reasonable grounds to suspect such information is untrue, inaccurate, not current, or incomplete, SSI reserves the right to terminate your membership and to prevent you from any current or future access to, or use of, the Websites, including the immediate forfeiture of any rewards or prizes accumulated by you prior to such termination.
SSI will either (a) issue a user name and password to you, or (b) permit you to create your own user name and password. You are solely responsible for the security of your user name and password and you will be solely liable and responsible for any use or unauthorized use of your account. In the event that you create your own user name and password, SSI strongly recommends against using your social security number, financial account number, or any other identification or account number, as a user name or password.
4. Unauthorised Use(s).
You are prohibited from using spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce or distribute content available on a Website or to manipulate the results of any panel, poll, survey or prize draws on Website. You are prohibited from taking any action to interfere with a Website or any other individual’s use of a Website, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing” a Website. You are prohibited from sending unsolicited email, including promotions and/or advertising of products or services, through a Website or forge or mask your true identity in any email or posting. You are prohibited from framing portions of a Website within another website or altering the appearance of a Website. You are prohibited from establishing links from any other website to any page of a Website without the prior express written permission of SSI, and in no event shall links to any page other than the home page be established. You are prohibited from posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, or inflammatory material or any material that could otherwise violate any law. You are prohibited from intentionally or willfully submitting falsified data and from committing any other fraudulent act(s) in connection with use of the panel or survey system. You are prohibited from encouraging, coaching, and/or advising any individual, including without limitation any SSI employee, to commit any act(s) prohibited hereunder. You acknowledge and agree that SSI will fully cooperate with any law enforcement authorities or court order, within the limits of all applicable laws, requesting or directing SSI to disclose or reveal the identity of anyone posting any such information or materials or using a Website or the Websites in violation of these Terms and Conditions.
5. Intellectual Property.
All pages and content within a Website and any related surveys, including but not limited to, text, graphics, audio, video, photographs, surveys, logos or other materials are the intellectual property of, or are authorised for use by, SSI and/or its clients, licensors, business partners and/or affiliates, including all trademarks, service marks, copyrights, patents and trade secrets contained therein. You are hereby expressly prohibited from modifying, copying, reproducing, creating derivative works of, republishing, displaying, uploading, posting, transmitting or distributing, in any way, the content available on a Website, without the prior express written consent of SSI, which may be granted or withheld in the sole discretion of SSI and/or its clients, licensors, business partners and/or affiliates.
6. Prize Drawings, Promotions and Payment.
From time to time SSI may offer or conduct rewards points programs and/or recruitment incentives in connection with SSI’s panels and/or any survey or study. The rules governing rewards points programs and/or recruitment incentives, if offered, shall be provided to SSI’s panelists in the email invitations, web intercepts or any other manner or method of invitation or recruitment that invites or recruits SSI panelists to participate in certain studies or surveys. SSI may engage a third party to administer a rewards points program and/or recruitment incentives in connection with certain studies or surveys. In the event SSI engages such third party, the rewards points program and/or recruitment incentives will be subject, in addition to these Terms and Conditions, to the rules provided by such third party. SSI strongly recommends that you review all applicable rules. In the event of a direct conflict between these Terms and Conditions and the rules applicable to any rewards points program and/or recruitment incentives, these Terms and Conditions shall govern and control.
For the purpose of these Terms and Conditions, the term “Active” shall mean that you participate in a survey or study, at least, once every six (6) months. SSI reserves the right to de-activate your account, without notice from SSI, (a) if your account does not remain Active; (b) if SSI receives a hard bounce or delivery failure notice in regards to email communications sent by SSI to your email account; or (c) if SSI receives a “mailbox full” reply notice three (3) times in regards to email communications sent by SSI to your email account. In the event that SSI de-activates your account for the foregoing reasons, SSI shall maintain any unredeemed reward points accrued prior to SSI de-activating your account for a period of ninety (90) days following de-activation, after which you will be deemed to have forfeited such reward points and SSI will immediately terminate your access to, and ability to redeem, such reward points.
In the event that you voluntarily terminate your account pursuant to Section 7 of these Terms and Conditions, you will be deemed to have immediately forfeited your rights in and to any unredeemed reward points accrued prior to your voluntary termination, and SSI will immediately terminate your access to, and ability to redeem, such reward points.
In the event that SSI terminates your account pursuant to Section 17 of these Terms and Conditions, you will be deemed to have immediately forfeited your rights in and to any unredeemed reward points accrued prior to such termination, and SSI will immediately terminate your access to, and ability to redeem, such reward points. The foregoing rights and/or remedies are in addition to any other rights and/or remedies available to SSI, whether at law or in equity.
7. Profile Updates; Termination of Panel Membership.
For the purpose of these Terms and Conditions, the term “Personal Information” includes, without limitation, an individuals’ first and last name, residential address, email address, telephone number, age, gender, and date of birth. You agree to promptly notify SSI of any changes in your Personal Information and any other information that you supply or provide to SSI, by updating such Personal Information and any other information as described herein. If you need to update or correct your Personal Information you may do so by visiting the member's area on the applicable Website.
In the event that you voluntarily wish to terminate your membership with SSI, you may terminate your membership by following the unsubscribe instructions contained within the applicable Website or contained within your respective membership account(s). You may also terminate your membership with SSI by sending an email directly to the membership services team for the appropriate SSI panel. SSI will use reasonable efforts to read and respond to each email request within a reasonable period of time. Upon termination, your membership account will be terminated and you will be removed from any further communication or contact lists. Please allow a few days for the complete removal of your information from SSI’s communication or contact lists; during which time period you may receive communications which were created or compiled prior to your termination. SSI apologises for any inconvenience. SSI will retain your Personal Information in SSI’s databases indefinitely; however, SSI will continue to protect such Personal Information in accordance with SSI’s Member and Non-Member Privacy Policy.
8. Opt-Out Policy.
By becoming a member, you agree to receive emails inviting you to participate in surveys that SSI feels may match your experiences and background. Participation in any survey(s) is strictly voluntary. From time to time, SSI will also e-mail newsletters to you to make you aware of new features or contests running on the applicable Website. You may opt-out from any further communications, at any time, by (a) following the unsubscribe procedures described on the appropriate Website for your panel membership or contained in any survey email invitation, web intercepts or any other manner or method of invitation or recruitment that invites or recruits SSI panelists to participate in certain studies or surveys; or (b) by contacting SSI directly. Please allow a few days for the complete removal of your information from SSI’s communication or contact lists; during which time period you may receive communications which were created or compiled prior to you unsubscribing to receive communications. SSI apologises for any inconvenience.
9. Third Party Information.
A Website may contain (i) links to websites maintained by a third party or third parties (“Third Party Websites”) and/or (ii) information about products and/or services offered by a third party or third parties (“Third Party Information”). The inclusion of links to Third Party Websites and/or Third Party Information does not constitute an endorsement of such Third Party Websites or Third Party Information by SSI. SSI does not, and will not, independently verify the business and/or privacy practices of the third party or third parties connected to the Third Party Websites and/or Third Party Information. SSI recommends that you independently investigate the Third Party Websites and Third Party Information and that you review all applicable terms and conditions and privacy policies.
All information provided or supplied by a third party or third parties in connection with a Website are for informational purposes only and do no necessarily reflect or express the views and opinions of SSI and/or any of its respective employees and/or agents.
10. Communications with SSI.
Any information, communication(s), or material(s) that you submit or transmit to SSI by electronic mail or otherwise, including any data, questions, comments, panel responses, suggestions or similar information or material, is and will be treated as non-confidential and non-proprietary information, unless specifically indicated by you either immediately prior to, or contemporaneously with, the submission or transmission of such information, communication(s) or material(s).
Except to the extent that the information, communications and/or materials are covered by SSI’s Member and Non-Member Privacy Policy, You acknowledge and agree that any such information, communication(s) and/or material(s) are submitted or transmitted to SSI on a non-confidential basis and SSI may use such information, communications and/or materials for any purpose(s). You further acknowledge and agree that any information, communication(s) and/or material(s) that you post in a public form on, or in connection with, a Website, shall become the property of SSI and may be used by SSI for any purpose(s) including, without limitation, reproduction, transmission, publication, broadcast and/or for posting on any website(s).
You acknowledge and agree that SSI is free to use (or not use) any and all ideas, concepts, know-how, tools, methods, procedures, techniques and/or any similar information and/or materials, submitted, communicated or transmitted to SSI by You, in connection with your use of a Website, for any purpose(s), without compensation due and owing to you and without any notice to or consent from you.
11. Privacy.
SSI takes the privacy of you and your Personal Information very seriously. For further information about how SSI collects, maintains, uses, and discloses Personal Information provided by or collected from you, please review SSI’s Member and Non-Member Privacy Policy.
12. Disclaimer.
THE WEBSITES, INCLUDING ALL INFORMATION, CONTENT, MATERIALS OR SERVICES MADE AVAILABLE ON, OR ACCESSED THROUGH, THE WEBSITES, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SSI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH ANY CONTENT ON THE WEBSITES. FURTHER, SSI HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATIONS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SSI DOES NOT WARRANT THAT THE TOOLS OR FUNCTIONS CONTAINED IN THE WEBSITES OR ANY INFORMATION, CONTENT OR MATERIAL CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE WILL BE CORRECTED, OR THAT THE SYSTEMS OR THE SERVER(S) THAT SUPPORT THE WEBSITES AND MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Changes.
All information posted on a Website is subject to change without prior notice. In addition, these Terms and Conditions may be changed at any time without prior notice from SSI. Any changes to these Terms and Conditions will be posted on the Websites. SSI recommends that you check the Websites frequently for any changes. Your continued use of, and access to, a Website, after these Terms and Conditions are modified, constitute your acceptance of these Terms and Conditions, as modified.
14. Indemnification.
You agree to indemnify, defend and hold harmless SSI, its affiliates and subsidiaries and each of their respective divisions, members, managers, shareholders, directors, officers, employees and/or agents from and against any and all claims, demands, liabilities, losses, and/or costs and/or expenses, including reasonable attorneys’ fees and court costs, arising out of, resulting from, in connection with, or caused by, whether directly or indirectly, (i) your breach or violation of these Terms and Conditions and/or (ii) your breach or violation of applicable international, national, Federal, state and/or local laws, codes, regulations, rules and/or requirements.
15. Limitations of Liability.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWS, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SSI BE LIABLE, OR OTHERWISE RESPONSIBLE, TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OUT OF, RESULTING FROM, IN CONNECTION WITH, OR CAUSED BY, WHETHER DIRECTLY OR INDIRECTLY, (i) YOUR PANEL MEMBERSHIP WITH SSI; (ii) YOUR RELIANCE ON, OR USE OF, ANY INFORMATION, SERVICES AND/OR MERCHANDISE PROVIDED BY, ON, OR THROUGH ANY WEBSITE(S); AND/OR (iii) YOUR PARTICIPATION IN ANY SURVEY(S) OFFERED, PROVIDED, HOSTED, OR ADMINISTERED BY SSI AND/OR ITS EMPLOYEES AND/OR AGENTS, REGARDLESS OF WHETHER SSI IS INFORMED OF THE POSSIBILITY THE SAME MAY EXIST.
16. Compliance with Applicable Laws.
You acknowledge and agree that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of all applicable Websites.
17. Suspension and Termination.
Without limiting any other available remedies, SSI may, without any notice, suspend or terminate your account if you breach, violate or otherwise fail to abide by or comply with these Terms and Conditions.
18. Restrictions on Survey Participation by SSI Employees.
A. General. SSI’s business is built on the unsurpassed quality and integrity of the data collected and maintained within SSI’s panels and collected during surveys offered, provided, hosted or administered by SSI. To maintain this level of quality and integrity, SSI requires all employees to abide by the policy and procedures set forth in this Section 18.
B. Restriction. SSI employees and their Immediate Family Member(s) (as defined herein) of the same residence are not eligible to receive any payments, prizes or incentives for taking a survey(s) offered, provided, hosted or administered by SSI. For the purpose of this Section 18, the term “Immediate Family Member(s)” includes parents, spouses, children or significant others (e.g. girlfriends/boyfriends, domestic partners, and spousal equivalents). A reference to members of the same residence shall include anyone who resides in the same household as a member, including without limitation any roommate(s).
C. Procedures. SSI’s employees may join any appropriate SSI panel(s) or take part in a survey(s) offered, provided, hosted or administered by SSI only after receiving written permission from their respective manager, and only for the sole purpose of improving SSI’s products and/or services. SSI’s employees must always be honest and report accurate information in connection with joining an SSI panel or participating in a survey(s) offered, provided, hosted or administered by SSI. If altered demographic data must be used, for specific testing or other legitimate purpose(s), SSI’s management will give specific written consent and instructions on how to report this activity and ensure that such data is not included in the final survey results.
D. Improper Conduct. Except as authorized by SSI’s management in writing; SSI classifies the intentional or willful falsification of data as a fraudulent act. Any SSI employee found to have committed fraud or coached any other respondent on how to manipulate the panel or survey system to obtain greater incentive awards or survey invitations; will be in violation of SSI’s Standards of Conduct as set forth in SSI’s employee handbook. In the event that such fraudulent act(s) are committed or perpetrated by an employee of SSI, whether alone or in connection with another party, such employees’ employment with SSI will be immediately terminated. In the event that a member(s) is found to have cooperated or participated in such fraudulent act(s), such panel member(s) will be subject to appropriate disciplinary action(s) as permitted pursuant to these Terms and Conditions, including without limitation the forfeiture of any rewards or reward points, received or accumulated by such panel member(s).
19. Notices.
All notices to be sent or provided to SSI and/or an SSI panel should be correctly addressed to the applicable e-mail or business address, and shall be sufficiently delivered if delivered: (i) by Federal Express, Express Mail, or other nationally or internationally recognised overnight courier service (in which case notice shall be effective one (1) business day following dispatch); (ii) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (iii) by e-mail (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that the sender did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid or that the e-mail otherwise could not be delivered to the intended recipient).
SSI may provide required notice(s) to you either (i) via the e-mail address provided by you to SSI (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that SSI did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered to the intended recipient); or (ii) by certified mail, return receipt requested, postage prepaid addressed to the address provided by you to SSI (in which case notice shall be effective six (6) days following deposit in mail).
20. Severability.
If any provision of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms and Conditions. The remaining provisions of these Terms and Conditions shall continue in full force and effect, as if the invalid or unenforceable provision was not a part of these Terms and Conditions.
21. Governing Laws; Disputes.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Connecticut, USA, without regard to its conflict of laws principles. Any controversy or claim arising out of or relating to these Terms and Conditions and/or your panel membership shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fairfield County, Connecticut, USA and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, in no event shall you or SSI be restricted or limited from seeking equitable relief from a court of competent jurisdiction located in Fairfield County, Connecticut, USA, to protect rights and/or property from damage or injury.
22. Miscellaneous Terms.
The headings contained in these Terms and Conditions are for reference only and shall have no effect on the interpretation and/or application of these Terms and Conditions. SSI’s failure to enforce a breach by you of these Terms and Conditions shall not waive or release you from such breach and shall not waive, release or prevent SSI from enforcing any subsequent breach by you of these Terms and Conditions. These Terms and Conditions and any policy or policies referenced or incorporated into these Terms and Conditions, represents the entire understanding and agreement between SSI and you with respect to the subject matter hereof.
23. Questions.
Any questions regarding these Terms and Conditions should be directed, in accordance with Section 19, to:
Tracy Vollaro
General Counsel
Survey Sampling International, LLC
International Place
6 Research Drive
Shelton, Connecticut 06484
24. Agreement.
By agreeing to participate in SSI's research services or to become an SSI panel member, you signify your acceptance of these Terms and Conditions.
Last Updated: 27 May 2009